LexPRAMATI EDUCATIONAL & CULTURAL TRUST ® & ORS. versus UNION OF INDIA & ORS.
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A B c [2014] 11 S.C.R. 712 PRAMATI EDUCATIONAL & CULTURAL TRUST® & ORS. v. UNION OF INDIA & ORS. (Writ Petition (C) No. 416 of 2012) MAY 06, 2014 [R.M. LODHA, CJI, A.K. PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA DIPAK MISRA AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Constitution of India, 1950: Art. 15(5) [as inserte.d by Constitution (Ninty-Third Amendment) Act, 2005] and Arts. 14, 19(1)(g) and 21 - D Constitutional validity of Art. 15(5) - Held: Art. 15(5) does not alter the basic structure and framework of the Constitution - The provision is also not violative of the concept of secularism - None of the rights under Articles 14, 19(1)(g) and 21 have been abrogated by clause (5) of Article 15 and hence, it is E constitutionally valid. Article 21 A [as inserted by Constitution (Eighty-Sixty Amendment) Act, 2002] 19(1)(g) and 30(1) - Constitutipnal validity of Art. 21A -There is nothing in Art. 21A which conflicts with either the right of private unaided schools under Article F 19(1 )(g) or the right of minority schools under Article 30(1) - However, the law made under Art. 21A if abrogates the rights under Articles 19(1)(g) and 30(1), can be held ultra vires the Constitution - Right of Children to Free and Compulsory Education Act, which was enacted under Article 21A, in so far G as it was made applicable to aided minority schools is ultra vires the Constitution - Right of Children to Free and Compulsory Education Act, 2009. Disposing of the petitions, the Court H 712 • • PRAMATI EDUCATIONAL & CULTURAL TRUST® v. 713 UNION OF INDIA HELD: 1.1. The Constitution (Ninety-third A Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution does not alter the basic structure and framework of the Constitution. None of the rights under Articles 14, 19(1)(g) and 21 of the Constitution have been abrogated by clause (5) of Article 15 of the Constitution. B The (Ninety-third Amendment) Act, 2005 of the Constitution inserting clause (5) of Article 15 of the Constitution is valid. [paras 29 and 47] [749-D, E; 763-H; 764-A] 1.2. As the object of clause (5) of Article 15 of the C Constitution is to provide equal opportunity to· a large number of students belonging to the socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes to study in educational institutions and equality of opportunity is also D the object of clauses (1) and (2) of Article 15 of the Constitution, it cannot be held that clause (5) of Article 15 of the Constitution is an exception or a proviso overriding Article 15 of the Constitution, but an enabling provision to make equality of opportunity promised in the Preamble of E the Constitution, a reality. [para 16] [736-8-D] State of Kera/a and Anr. vs. N.M. Thomas and Ors. (1976) 2 SCC 310: 1976 (1) SCR 906; Indra Sawhney and Ors. vs. Union of India and Ors. 1992 Supp (3) SCC 217: 1992 (2) F Suppl. SCR 454; Ashoka Kumar Thakur vs. Union of India and Ors. (2008) 6 sec 1: 2008 (4) SCR 1 - relied on. 1.3. The voluntary nature of the right under Article 19(1 )(g) of the Constitution can be subjected to reasonable restrictions imposed by the State by law G under clause (6) of Article 19 of the Constitution by making regulatory provisions to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the H 714 SUPREME COURT REPORTS [2014] 11 S.C.R. A prevention of maladministration by those in charge of the management. Clause (5) in Article 15 has been inserted to enable the State to make a law making special provisions for admission of socially and educationally backward classes of citizens or for the Scheduled Castes B and Scheduled Tribes for their advancement and to a very limited extent affected the voluntary element of this right under Article 19(1 )(g) of the Constitution. Thus, the identity of the right of unaided private educational institutions under Article 19(1 )(g) of the Constitution has c not been destroyed by clause (5) of Article 15 of the Constitution. [para 22] [741-C-H] T.M.A. Pai Foundation and Ors vs. State of Karnataka and Ors. (2002) 8 sec 481: 2002 (3) Suppl. SCR 587; P.A. lnamdar and Ors. vs. State of Maharashtra and Ors. (2005) 6 D SCC 537: 2005 (2) Suppl. SCR 603 - followed. 1.4. Power in clause (5) of Article 15 of the Constitution is a guided power to be exercised for the limite
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